PETITIONERS FAILS TO OPEN CASE, AS THEY PRESSES FOR EC WITNESSES AFFIDAVIT

By Felix Engsalige Nyaaba

Accra, Wednesday April 17, 2013

 The Supreme Court yesterday abruptly adjourned the much awaited hearing of the substantive election petition case till today for the three  petitioners who brought the case to open their case and call in witnesses to testify.

The adjournment of the case by the Supreme Court followed legal scuffle   between the lead counsel for the petitioners, Mr. Philip Addison and Mr. Tsatsu Tsikata, lead counsel for the National Democratic Congress (NDC), over the inability of the EC to file its affidavit and have it serve onto the petitioners.

According to Mr. Addison, the petitioners would only call their first witness into the witness box upon receipt of affidavit file by the EC, the second respondent in the case and the custodian of the election materials.

Counsel made the argument when the lead counsel for the National Democratic Congress, Mr. Tsatsu Tsikata has prayed the court to invite the petitioners to open their case.

According to Mr Tsikata, the respondents have received affidavit filed by the second petitioner, Dr Mahamodu Bawumia and that he should be put in the witness box to testify before the court.

“We are ready,   they should put their first witness in the witness box, if they are not ready to proceed with their case, they should tell the court, but I do not think that my Lords, this is tactics is the formal application for adjournment,” Mr Tsikata stated.

But Mr Addison disagreed and told the court that, though the petitioners were ready to put in their witness in the box, they could only do so if they receive copies of affidavit filed by the EC, saying they are yet to receive affidavit from the EC as ordered by the court.

He contended that, “the EC is the necessary party in the petition case,  My Lords we  would not proceed with  our  evidence, we do not want to be ambush, we are ready to start our case but the court orders must  first be obeyed.”

 Counsel for the EC, James Quashie-Idun however assured the court that the EC would file its affidavit by the end of yesterday and prayed the court to grant them time.

After back and fort argument between the lawyers over the issue, the Supreme Court retired to chambers and came back with a ruling that for the interest of justice the court would adjourn the case till today.

According to Mr Justice  William Atuguba, Chairman of the nine member panel, the adjournment do not indicate that the court was constrained to proceed with the case,  but was adjourning the matter to enable the EC that has limited time as at yesterday to file its affidavit.

“We are adjourning this case, not that we are constrained to proceed with the matter, but the second respondent have not file its affidavit , so the limited time could be use to file its affidavit, the court stated.

The Election Petition was filed by three leading members of the New Patriotic Party (NPP), including the party’s presidential candidate for the 2012 elections, Nana Addo Dankwa Akufo-Addo, his running mate Dr. Mahamudu Bawumia and the party’s chairman, Jake Otanka Obetsebi-Lamptey, challenging the legality of the 2012 presidential election.

They have named President Mahama, the Electoral Commission (EC) and the Chairman of the Commission, Dr. Kwadwo Afari Gyan and the National Democratic Congress (NDC), the political party  which platform  President John Dramani Mahama contested the elections as respondents, are claiming  that the election was rigged by the EC in favor of President Mahama.

The Supreme Court on April 2, this year set out two issues for determination of the trial in the petition case.

The issues set by the Supreme Court were whether or not there were statutory violations, omissions, irregularities and malpractices in the conduct of the elections held on December 7 and 8, 2012.

The court is also to ascertain whether or not the said violations, omissions, irregularities and malpractices (if any) affected the outcome of the results of the 2012 presidential elections.

The petitioners and the respondents would have the opportunity to give oral evidence, beside the rest of the witnesses have had to file to file their evidence in the form of affidavit but only be allowed for oral evidence upon compelling reasons granted by the court.

The petitioners are requesting the Supreme Court to among of other things annul 4,670,504 of the valid votes cast during the election in 11,916 polling stations across the country where they claim irregularities and malpractices took place.